Municipality Corporation Act- Section 114 Restriction on Construction of a Underground Shopping Complex in the Public Park

Mr. Radhey Shyam and others filed these appeals before the Supreme Court against the judgement of a Division Bench of High Court, Allahabad. The High Court set asided and quashed the relevant resolution of Lucknow Nagar Mahapalika permitting the respondent, M. I. Builders Pvt. Ltd. to construct underground shopping complex in the Jhadewala Park in Lucknow.
The counsels for the petitioners contended that the park is of historical importance. The park was acquired by the State Government in the year 1913 and was given to Mahapalika for the management. After the construction of underground shopping complex and parking it may still have the appearance of a park with grass grown and path laid but it has lost the ingredients of a park in as much as not plantation could be grown. Trees couldn’t be planted and rather while making underground construction many trees have been cut. It was like a terrace park. They also argued that section 114 of the Municipality Corporation Act, impose an obligation on the part of Mahapalika to maintain public places, parks and plant trees to construct and maintain parking lots. By allowing the underground construction Mahapalika has violated the provision.

              The respondents submitted to the Court that park could be exploited for commercial purposes as the place is a commercial area.

               The Court after hearing to the both sides held that the whole structure to be dismantled and the park to be restored into original condition leaving a portion for construction for parking.